RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 April 2008
	DOCKET NUMBER:  AR20070016760 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. David K. Haasenritter

Member

Mr. Edward E. Montgomery

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to  show his military occupational Specialty (MOS) as either 76Y3O (Armorer) or as 13A1O (Ammunition Handler).

2.  The applicant states his DD Form 214 should be corrected to reflect the truth.

3.  The applicant provides copies of his DD Form 214 and page 3 of his Enlisted Qualification Record (DA Form 20) showing item 38 (Assignments).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 2 May 1968, the applicant was inducted into the Army of the United States for 2 years.  

3.  On 19 July 1968, the applicant was awarded a primary MOS of 76Y2O (Supply Clerk).

4. On 21 December 1968, the applicant was assigned in a duty MOS of 76Y3O as an armorer with the 1st Battalion, 321st Artillery Regiment, in the Republic of Vietnam.  

5.  On 31 August 1969, the applicant was reassigned within his unit for duty in MOS 13A1O as an ammunition handler.

6.  On 3 December 1969, the applicant returned to the United States and was subsequently released from active duty on 6 December 1969.  He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 7 months, and 5 days of creditable active service.
7.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided, in pertinent part, that Item 23a (Specialty Number and Title) of the DD Form 214 would show the Soldier’s primary MOS number and title.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded a primary MOS of 76Y2O and that this MOS was recorded in Item 23a of his 
DD Form 214. 

2.  Item 38 (Assignments) of the applicant’s DD Form 20, clearly shows that he was utilized in duty MOS 76Y3O as an armorer and in duty MOS 13A1O as an ammunition handler.  However, there is no evidence showing that was ever awarded either of these duty MOS’s as a primary MOS.

3.  In view of the above, the applicant’s request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ LDS __  __DKH__  __EEM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




___ Linda D. Simmons ___
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.